Municipal Corporations Act 1882

Title and introductory text

Municipal Corporations Act 1882 1882 c.50 An Act for consolidating, with Amendments, enactments relating to Municipal Corporations in England and Wales. [18th August 1882]

1 Short title.

This Act may be cited as the Municipal Corporations Act, 1882.

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3 Extent.

This Act shall not extend to Scotland or Ireland.

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7 Interpretation and construction.

(1) In this Act— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Municipal corporation” means the body corporate constituted by the incorporation of the inhabitants of a borough: “Municipal Corporations Act, 1835,” means the recited Act of King William the Fourth, the date of the passing whereof is the ninth of September one thousand eight hundred and thirty-five: “Municipal Corporations Acts” means this Act and any Act to be passed amending this Act: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Corporate office” means the office of mayor, alderman, councillor, elective auditor, . . . “Corporate land” means land belonging to or held in trust for a municipal corporation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Trustees” means trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, however designated: “Person” includes a body of persons corporate or unincorporate: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Justice” means one of Her Majesty’s justices of the peace: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Words in this Act referring to a borough, municipal corporation, authority, officer, or office, shall be construed distributively as referring to each borough, corporation, authority, officer, or office to which or to whom the provision is applicable. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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10– 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26–28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34–43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45 The burgess roll and ward rolls.

(1)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46–49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50–62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64–70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72–75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77–104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106–110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112–116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120–122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123 Power to continue rates for special purposes.

Where before the passing of the Municipal Corporations Act, 1835, a rate might be levied in a borough for the purpose of watching conjointly with any other purpose, nothing in this Act shall prevent the levying and collecting of such a rate for that other purpose solely, or affect the powers given in any Act anterior to the Municipal Corporations Act, 1835, as far as they relate to that other purpose; but where the amount of that rate might not before the passing of the Municipal Corporations Act, 1835, exceed a given rate in the pound on the value of property rateable thereto, the rate to be levied for the other purpose solely shall not exceed such proportion of that given rate as appears to have been expended for that other purpose by an account of the average yearly expenditure during the last seven years before the passing of the Municipal Corporations Act, 1835, or during those of the same seven years during which the rate was levied.

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125–132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

133 Administration of charitable trusts and vesting of legal estate.

(1) Where at the passing of the Municipal Corporations Act, 1835, the body corporate of a borough, or any one or more of the members thereof, in his or their corporate capacity, stood solely, or together with any person or persons elected solely by that body corporate, or solely by any particular number, class, or description of members thereof, seised or possessed, for any estate or interest, of land, in whole or in part in trust or for the benefit of any charitable uses or trusts, and the legal estate in that land was, at the passing of the Municipal Corporations Act, 1835, vested in the body corporate or person or persons so seised or possessed thereof, and was by the Charitable Trusts Act, 1853, vested in the trustees appointed by the Lord Chancellor under the Municipal Corporations Act, 1835, or such of them as should be surviving and continuing trustees under that appointment, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances, and on such and the same trusts, as the same were subject to before such vesting, then, in every case, on the death, resignation, or removal of any trustee, and on any appointment of a new trustee, the legal estate in that land and in all other lands subject to any such charitable uses or trusts for the time being vested in the trustees or any of them, or in any persons or the heirs or devisees of any person deceased, resigned, or removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of a new trustee, continue or are the trustees for the time being, without any conveyance or assurance. (2) Nothing in this section shall take away, abridge, or prejudicially affect any power, authority, or jurisdiction of the Charity Commission for England and Wales.

134 Corporation to be trustee where corporators trustees.

The municipal corporation of a borough shall be trustees for executing by the council the powers and provisions of all Acts of Parliament made before the passing of the Municipal Corporations Act, 1835 (other than Acts made for securing charitable uses and trusts), and of all trusts (other than charitable uses and trusts) of which the body corporate of the borough, or any of the members thereof in their corporate capacity, was or were sole trustees before the first election of councillors in the borough under the Municipal Corporations Act, 1835.

135 Appointment of members of council to be trustees in cases of joint trusts and other cases.

(1) In every borough in which the body corporate, or a particular or limited number, class, or description of members thereof, or of persons appointed by the body corporate, was or were before the passing of the Municipal Corporations Act, 1835, trustees jointly with other trustees for the execution of any Act of Parliament, or of any trust, or in which the body corporate, or any particular or limited number, class, or description of members or nominees thereof, by any statute, charter, bye-law, or custom, before the passing of the Municipal Corporations Act, 1835, was or were, lawfully appointed to or exercised any powers, duties, or functions, not otherwise in the Municipal Corporations Act, 1835, or this Act provided for, and the continuance of which is not inconsistent with the provisions of the Municipal Corporations Act, 1835, or this Act, the council, on the day prescribed in any Act of Parliament as aforesaid, or in the deed or will by which the trust is created, for a new election, nomination, or appointment of trustees, or on which a new election, nomination, or appointment has usually been made (and if there is no day prescribed or usually observed, then on or within ten days after the first of January in every year,) shall appoint the like number of members of the council, or as near as may be to the like number of members of the council, as there were theretofore members or nominees of the body corporate of the borough who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in room of the members or nominees of the body corporate ceasing to be trustees, or ceasing to exercise such powers, duties, and functions by virtue of the Municipal Corporations Act, 1835. (2) In every case of extraordinary vacancy among the trustees or persons so appointed, the council shall forthwith appoint one other member of the council in the room of the person by whom the vacancy has been made, to hold his trust or office for such time as that person would regularly have held it.